Bill Text: IL HB4011 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Domestic Violence Act of 1986. Provides that if a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, in situations where the alleged offending party is a juvenile and there are no factors of aggravation, the law enforcement officer may seek to divert or find alternative placement without initiating an arrest.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4011 Detail]

Download: Illinois-2023-HB4011-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4011 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
750 ILCS 60/304 from Ch. 40, par. 2313-4
Amends the Illinois Domestic Violence Act of 1986. Provides that if a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, in situations where the alleged offending party is a juvenile and there are no factors of aggravation, the law enforcement officer may seek to divert or find alternative placement without initiating an arrest.
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A BILL FOR
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AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 304 as follows:
(750 ILCS 60/304) (from Ch. 40, par. 2313-4)
Sec. 304. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to
believe that a person has been abused, neglected, or exploited
by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, neglect, or
exploitation, including:
(1) Arresting the abusing, neglecting and exploiting
party, where appropriate, except in situations where the
alleged offending party is a juvenile and there are no
factors of aggravation, the law enforcement officer may
seek to divert or find alternative placement without
initiating an arrest;
(2) If there is probable cause to believe that
particular weapons were used to commit the incident of
abuse, subject to constitutional limitations, seizing and
taking inventory of the weapons;
(3) Accompanying the victim of abuse, neglect, or

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exploitation to his or her place of residence for a
reasonable period of time to remove necessary personal
belongings and possessions;
(4) Offering the victim of abuse, neglect, or
exploitation immediate and adequate information (written
in a language appropriate for the victim or in Braille or
communicated in appropriate sign language), which shall
include a summary of the procedures and relief available
to victims of abuse under subsection (c) of Section 217
and the officer's name and badge number;
(5) Providing the victim with one referral to an
accessible service agency;
(6) Advising the victim of abuse about seeking medical
attention and preserving evidence (specifically including
photographs of injury or damage and damaged clothing or
other property); and
(7) Providing or arranging accessible transportation
for the victim of abuse (and, at the victim's request, any
minors or dependents in the victim's care) to a medical
facility for treatment of injuries or to a nearby place of
shelter or safety; or, after the close of court business
hours, providing or arranging for transportation for the
victim (and, at the victim's request, any minors or
dependents in the victim's care) to the nearest available
circuit judge or associate judge so the victim may file a
petition for an emergency order of protection under

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subsection (c) of Section 217. When a victim of abuse
chooses to leave the scene of the offense, it shall be
presumed that it is in the best interests of any minors or
dependents in the victim's care to remain with the victim
or a person designated by the victim, rather than to
remain with the abusing party.
(b) Whenever a law enforcement officer does not exercise
arrest powers or otherwise initiate criminal proceedings, the
officer shall:
(1) Make a police report of the investigation of any
bona fide allegation of an incident of abuse, neglect, or
exploitation and the disposition of the investigation, in
accordance with subsection (a) of Section 303;
(2) Inform the victim of abuse neglect, or
exploitation of the victim's right to request that a
criminal proceeding be initiated where appropriate,
including specific times and places for meeting with the
State's Attorney's office, a warrant officer, or other
official in accordance with local procedure; and
(3) Advise the victim of the importance of seeking
medical attention and preserving evidence (specifically
including photographs of injury or damage and damaged
clothing or other property).
(c) Except as provided by Section 24-6 of the Criminal
Code of 2012 or under a court order, any weapon seized under
subsection (a)(2) shall be returned forthwith to the person

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from whom it was seized when it is no longer needed for
evidentiary purposes.
(Source: P.A. 97-1150, eff. 1-25-13.)